The Supreme Court on Friday stayed the verdict of the Delhi High Court which had dismissed the plea of Enforcement Directorate (ED) to revoke approver status of businessman Rajiv Saxena in the AgustaWestland VVIP chopper scam.

A bench headed by Chief Justice S A Bobde issued notice to Saxena seeking his response on the appeal filed by ED against the high court’s June 8 judgement.

“Issue notice. In the meantime, there shall be stay of operation of the impugned order,” said the bench, also comprising Justices A S Bopanna and V Ramasubramanian.

Dubai-based businessman Saxena was extradited to India on January 31 last year in connection with the Rs 3,600-crore scam case relating to the purchase of 12 VVIP helicopters from AgustaWestland.

During the hearing conducted through video-conferencing on Friday, Additional Solicitor General Aman Lekhi, appearing for the ED, told the bench that there was a “clear error” on the part of high court as it had said that pardon can be revoked only after he deposes as witness.

“There is a provision in the CrPC that pardon can be withdrawn if he fails to give any evidence,” the bench observed.

The high court, in its verdict, had said that ED’s plea before the trial court for revoking the approver status was not maintainable as his statement under section 306 (4) of the Criminal Procedure Code (CrPC) had not been recorded.

Section 306 (4) of CrPC provides for recording of statement of an accomplice who has been granted pardon.

The high court had further said that once his statement under section 306 (4) of CrPC is recorded, the ED can again move an application for revoking Saxena’s approver status.